innocent man who spent 5 years in prison on rape conviction now freed

Discussion in 'Law & Justice' started by kazenatsu, Jan 26, 2019.

  1. kazenatsu

    kazenatsu Well-Known Member Past Donor

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  2. Reasonablerob

    Reasonablerob Well-Known Member

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    And cases like this is why we should not automatically believe all accusers.
     
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  3. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Do you believe one woman claiming she was raped, in the absence of any other evidence, should be enough to be able to convict?
     
  4. Reasonablerob

    Reasonablerob Well-Known Member

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    No, a he said she said needs more, it can't be a case of who plays the jury better.
     
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  5. Mr_Truth

    Mr_Truth Well-Known Member

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    his accuser should spend the next five years in jail so that justice can be had
     
  6. FreshAir

    FreshAir Well-Known Member Past Donor

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    so does the girl get any any trouble for false imprisonment of a man for 5 + years?
     
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  7. FreshAir

    FreshAir Well-Known Member Past Donor

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    in this case a rape kit should of been done - it was the same day the rape was said to have occurred - not sure why he pled guilty instead of going to trial
     
    Last edited: Jan 28, 2019
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  8. FreshAir

    FreshAir Well-Known Member Past Donor

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    that is for a jury to decide based on the other evidence, others making the same claims, ect....
     
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  9. Mr_Truth

    Mr_Truth Well-Known Member

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    this is often what inexperienced lawyers tell innocent young blacks - they say the jury is automatically inclined to believe the girl because society is so racist and reverse sexist
     
  10. FreshAir

    FreshAir Well-Known Member Past Donor

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    yes, but he was busted the same day, if no rape kit, that would be enough right there to prove doubt, why would the cops not ask the girl to do a rape kit, and if she refused, that would raise suspicion of a false accusation

    this seems to be a case that should of been caught sooner, before this man ever went to prison, I think anyone falsely imprisoned, should get 1 million for every year behind bars and they should not have to fight to get it, should be mandatory
     
    Last edited: Jan 28, 2019
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  11. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    Seconded.

    (beat me to it)

    I would add some sort of immediate compensation for the wrongly convicted as well- perhaps 5.2 years of either missed wages or average wages.
     
    Last edited: Jan 28, 2019
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  12. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Unlikely, since if they punish accusers for recanting their testimony it might dissuade false accusers from later doing the right thing and coming forward with the truth in the future.

    Yes, she might deserve to spend five years in jail. But whether it is a good idea for the legal system to impose it on her in this situation is a different matter.
     
    Last edited: Jan 29, 2019
  13. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    A rape kit isn't always a fool-proof solution. There are some cases where a woman who sleeps with a man later falsely accuses him of rape (usually because he's trying to leave her, but there can be other reasons).
    So what do you do in situations where the man says he had sex with the woman but says he did not rape her?

    Anyway, a condom might have been used, so a rape kit would not necessarily be helpful.
     
    Last edited: Jan 29, 2019
  14. JakeStarkey

    JakeStarkey Well-Known Member

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    This is why we cannot accept "believe her!" as the go-to standard.
     
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  15. Gorgeous George

    Gorgeous George Well-Known Member

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    Those were my thoughts too after I read it.
     
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  16. Gorgeous George

    Gorgeous George Well-Known Member

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    All sexual relations should be recorded on video.
     
  17. Gorgeous George

    Gorgeous George Well-Known Member

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    He was black. She was white. It's easy to figure that one out.
     
  18. Eleuthera

    Eleuthera Well-Known Member Donor

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    That is ultimately up to the jury.
     
  19. Mr_Truth

    Mr_Truth Well-Known Member

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    I agree that this is up to the jury. But there is one matter that is often overlooked in discussion of this kind - that is in the matter of the absence of any other evidence, should the accused be in prison?

    When I was in law school we had cases where an innocent person was in prison because of a high bail set by the judge. The accused would spend many months (sometimes more than a year) awaiting trial for a crime he did not commit.

    What about his rights? Supposed he is sexually assaulted in prison? Suppose the guards kick him as they often do? what happens if he is injured, gets AIDS or STD, or is killed? These problems, which society disregards all too often, need to be considered as well.
     
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  20. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    So if she cries and puts up a convincing enough performance, the man will be convicted.
    How fair and logical...
     
  21. JakeStarkey

    JakeStarkey Well-Known Member

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    This OP is a classic example of toxic feminism.
     
  22. Mr_Truth

    Mr_Truth Well-Known Member

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    In the past I have read of numerous cases in which an accuser recants. Back then nobody got punished for doing so. But justice must be done. Therefore, the proper thing to do is for the police to first find evidence, present it to a court of law, then get a warrant, then make an arrest.

    If someone accused you of planting a bomb in a school bus the cops would have to go through this procedure before they can arrest you. If they find nothing then they will not touch you. Follow the same procedure for all crimes and we would not be having this discussion.
     
  23. Mr_Truth

    Mr_Truth Well-Known Member

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    Lie detector testing is one such preventive. While the results cannot be used as a basis for conviction, they can be reported if they show inconsistencies.
     
  24. Eleuthera

    Eleuthera Well-Known Member Donor

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    In each case, that is up to the jury.
     
  25. Blaster3

    Blaster3 Well-Known Member

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    add another five as punitive...
     

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